West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-03 - Cancellation And Nonrenewal Of Automobile Liability Policies
Section 114-3-4 - Hearing Regarding Canceling And Nonrenewal

Universal Citation: 114 WV Code of State Rules 114-3-4

Current through Register Vol. XLI, No. 38, September 20, 2024

4.1. Hearing at request of complainant. -- If, after review of the complaint, it is the opinion of the insurance commissioner that there has been no violation of article six-a, chapter thirty-three of the West Virginia Code and the complainant is informed of these findings as prescribed in subsection 2.4 of this rule, the complainant may demand a formal hearing before the insurance commissioner.

4.2. Hearing at request of respondent insurer. -- If, after review of the complaint, it is the opinion of the insurance commissioner that there has been a violation of article six-a, chapter thirty-three of the West Virginia Code and the respondent insurer is informed of these findings as prescribed in subsection 2.6 of this rule, the respondent insurer may demand a formal hearing before the insurance commissioner.

4.3. Hearing called by insurance commissioner. -- If, after review of the complaint, the commissioner feels a hearing will be necessary to resolve the complaint, the commissioner may call a hearing by virtue of the authority provided under article two, chapter thirty-three of the West Virginia Code.

4.4. Hearing. -- The hearing, whether it be initiated by the complainant, the respondent insurer or the insurance commissioner, shall follow the same procedure respecting notice and rights of the parties as is prescribed in article two, chapter thirty-three and chapter twenty-nine-a of the West Virginia Code. If the hearing relates to a notice of cancellation or non-renewal issued pursuant to W. Va. Code §§ 33-6A-1 or 33-6A-4, the subject matter of the hearing will be the adequacy of the notice of nonrenewal or cancellation, and the ground or grounds upon which the insurer's action is based. If the hearing relates to a notice of nonrenewal issued pursuant to W. Va. Code § 33-6A-4a, the subject matter of the hearing will be limited to whether the nonrenewal notice:

a. Failed to provide forty-five (45) days advance notice to the named insured of the insurer's intent to nonrenew the policy;

b. Was issued for a discriminatory reason;

c. Was based upon an underwriting standard found to be in violation of chapter thirty-three of the West Virginia Code; or

d. Causes the insurer to have issued nonrenewal notices in excess of the limitation set forth in W. Va. Code § 33-6A-4a(d).

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.